Fry calls Miller mailings 'lies'

Challenger claims state rep voted to let criminals out early, but bill was to raise minimum sentence.

Challenger claims state rep voted to let criminals out early, but bill was to raise minimum sentence.

September 20, 2008|By JAMIE LOO Tribune Staff Writer

MISHAWAKA -- Another campaign mailing from Republican candidate Dave Miller has prompted incumbent Democratic state Representative Craig Fry to defend his record. Fry, who represents the 5th House District, defended his voting record on public safety in front of the Mishawaka Police Department on Thursday, saying Miller's mailing "has distorted and lied" about his voting record. The mailing shows a jailhouse mug shot with a sign that reads "Meet Your Neighbor." It cites a roll call vote from the 2000 legislative session on an amendment to House Bill 1290, alleging that Fry "voted to let convicted felons out of prison early, and serve only half their sentence time." The roll call vote is a "ruling of the chair," which is a procedural vote, Fry said, and had nothing to do with the amendment itself. "It would be really nice if Dave Miller would just tell the truth," Fry said. But Miller says if this vote was really procedural and meant nothing, why did Fry vote on it at all? Miller said if the vote had passed it would've resulted in reduced sentences for those convicted of drunken driving. But House Bill 1290 would have added an additional minimum term of imprisonment for those convicted of drunken driving while a child younger than 16 is in the vehicle. According to Indiana legislative records, two roll call votes were taken on the bill. The first vote, Roll Call No. 175, is what Miller cites in the campaign mailing. It involves an amendment that says the maximum amount of earned credit time a felon can have cannot be more than half of their sentenced imprisonment. Roll Call No. 175 was a procedural vote on the germaneness, or relevance, of the amendment to the bill, according to the Indiana House of Representatives journal for the 2000 session. Amendments to bills under consideration by the Indiana General Assembly must be related to the bill; if they are ruled to be too far unrelated, they may be stricken. When the amendment was presented, its relevance to the bill was challenged. House Speaker John Gregg ruled that the amendment wasn't relevant and a state representative called for an appeal. That's when the roll call vote was taken, where representatives decided 52-45 that the amendment wasn't relevant and therefore shouldn't be added to the bill. Therefore that vote had nothing to do with the contents of the amendment, but whether it was appropriate to add to the bill. The final House vote on the bill, which Fry voted in favor of, was 89-7. The Senate never voted on it. "Time and time again I have voted to increase penalties for people who break the law," Fry said. Fry said he has voted on legislation to impose the death penalty on people who kill police officers, increase penalties on people who try to disarm police officers, and increase penalties for sex offenders. Negative attacks have become part of campaigns, Fry said, but the problem with Miller's attacks is that they're "lies." Miller, who is former mayor of Elkhart, said it's unfortunate that Fry is using these words to describe him. If you look at Fry's campaigns over the past 20 years and talk to his prior opponents, Fry always calls his opponents liars whenever they disagree with him, Miller said. He said Fry is "one of the most contentious and spirited of opponents." "I had hoped for a higher level of debate on these matters from Craig," Miller said. Miller said these mailings are raising legitimate questions that Fry should answer to as an elected official. Two mailings question Fry's residency status. He said Fry has an apartment in Mishawaka, a house in Michigan and an address in Indianapolis. "How often is he in the district?" Miller said. Miller said these are "reasonable things he can answer." "Anybody who knows me knows that I've lived in Mishawaka my whole life," Fry said. Fry said he has just finished building a house in Michigan, which is a summer home. He said he sold his Mishawaka home a few months ago because he and his wife are downsizing. They are living in an apartment in the city until he can find a smaller home, he said.Staff writer Jamie Loo: jloo@sbtinfo.com (574) 235-6337